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HomeMy WebLinkAboutPC RES 3694]5 ]6 20 2] 24 25 26 2.7 RESOLUTION NO. 3694 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT,THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 99-197 TO COMBINE THE TWO LOTS LOCATED AT 13922 RED HILL AVENUE INTO ONE LOT FOR THE PURPOSE OF DEVELOPING A 3,322 SQUARE FOOT FAST FOOD RESTAURANT. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That Tentative Parcel Map 99-197 to combine two lots located 13922 Red Hill Avenue into one lot for the purpose of developing a 3,322 square foot fast food restaurant, was submitted by Consolidated Restaurants of California for consideration; B. That Conditional Use Permit 99-002(A) and Design Review 99-001 were approved by the Planning Commission on July 12, 1999, authorizing the construction of a 3,322 square foot fast food restaurant; Co That a public hearing was duly called, noticed and held for said map on · October 11, 1999 by the Planning Commission; Do That the project is Categorically exempt (Class 15) from the provisions of the California Environmental Quality Act pursuant to Section 15315; Eo That the proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act and the City's Subdivision Code; F. That the site is physically suitable for the type of development proposed; G. That the site is physically suitable for the proposed density of development; H. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the proposed subdivision; and, ]0 20 22 24 25 2(; 28 29 Planning Commission Resolution 3694 TPM 99-197 October 11, 1999 Page 2 Jo That the project has been reviewed for compliance with the Americans with Disabilities Act of 1990 and it has been determined that dedications of right-of-way to accommodate a four (4) foot wide sidewalk behind the drive aprons are necessary for compliance with the requirements of ADA. K. That a Traffic Impact Analysis was prepared for this project, and it has been determined that dedications of right-of-way to accommodate expansion of Red Hill Avenue and El Camino Real are necessary to mitigate the traffic impacts identified in the Traffic Impact Analysis. Lo That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. !!. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 99-197 to combine two lots located 13922 Red Hill Avenue into one lot for the purpose of developing a 3,322 square foot fast food restaurant, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 11th day of October, 1999. ELIZABETH A. BINSACK Planning Commission Secretary /~~N V. KOchairp_.~rson 'ZAK Planning Commission Resolution 3694 TPM 99-197 October 11, 1999 Page 3 STATE OF CALIFORNIA) COUNTYOF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3694 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of October, 1999. ]0 ELIZABETH A. BINSACK Planning Commission Secretary ]4 20 22 24 26 GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 EXHIBITA TENTATIVE PARCEL MAP 99-197 RESOLUTION NO. 3694 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped October 11, 1999 on file with the Community Development Department, as herein modified, or unless otherwise indicated, as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Tentative Parcel Map 99-197 is contingent upon the applicant and property owners signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. MAP SUBMITTAL (1) 2.1 Prior to issuance of building permits, the Subdivider shall record with appropriate agencies, Final Parcel Map 99-197 prepared in accordance with subdivision requirements of the 'Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Planning Commission Resolution 3694 October 11, 1999 Page 2 (1) 2.2 Applicant Shall comply with all Conditions of Approval identified in Planning Commission Resolution No. 3681. In addition to Condition No. 4.15 of Planning Commission Res~olution No. 3681, the applicant shall comply with the following: · The property owner shall dedicate twelve (12) feet of additional street right-of-way along El Camino Real from the ultimate end curb return (ECR) at the southeast corner of Red Hill Avenue and El Camino Real to the easterly boundary of the subject property. The ultimate curb return will have a radius of thirty-five (35) feet and the ECR will be located 32.00 feet southwesterly from the centerline of El Camino Real. This parcel shall be in the form of an irrevocable offer of dedication at this time. · An additional parcel shall be dedicated at this time to accommodate the appropriate corner cut-off from the ultimate begin curb return (BCR) to the ultimate ECR. The ultimate BCR will be located sixty- one (61) feet southeasterly from the centerline of Red Hill Avenue. The corner cut-off will intersect the ultimate right-of-way line of Red Hill Avenue (70 feet from the centerline) and the ultimate right-of-way line of El Camino Real (40 feet from the centerline). · Provide legal descriptions and sketches as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. These legal descriptions and sketches are to be submitted to the Engineering Division for review and approval prior to issuance of building permits. · All dedications and/or offers of dedication shall also state that the City of Tustin shall be permitted to obtain, at no cost, a right-of-entryfor all on-site joins when the ultimate street improvements are constructed. The right-of-entry shall terminate on the date that the Notice of Completion of Public Improvements is recorded at the Orange County Recorder's Office. (~) 2.4 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. (1) 2.5 As required by the Subdivision Map Act, the subdivider shall execute a Subdivision and Monumentation Agreement and furnish the Improvement/Monumentation Bonds as required by the City Engineer prior to recordation of the Final Map. Exhibit A Planning Commission Resolution 3694 October 11, 1999 Page 3 (1) 2.6 At the time of construction of the project, the developer will be responsible for any traffic signing and/or striping along El Camino Real, which will be required as a result of this development. (3) 2.7 At the time of construction of the project, current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive aprons. This will require construction of a minimum four- (4) foot wide sidewalk behind the drive apron. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This may require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a CA Registered Civil Engineer and/or CA Licensed Land Surveyor, shall be submitted to the Engineering Div. for review and approval. (1) . 2.8 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations. FEES (1) 3.1 Within forty-eight (48) hours of approval of the subject project by the City Council, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development. Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.